Nope. If you're being robbed, then the person robbing you can make no claim of right to your property.
From the HRS commentary on this statute:https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0703/HRS_0703-0304.htm
While you still have a requirement to articulate you were in fear for your life and safety, you do not have to give up your property to a robber in order to try and defuse the attack.
Regarding your first HRS commentary quote.
From the HRS commentary on this statute:
Quote
Where a person offers deadly force unless another surrenders property to him, and claims a
right to the property, it is certainly sound policy to save life and litigate the disputed ownership
in court. Naturally, however, this rule does not apply in cases of robbery, where the assailant
can make no claim of right, and it is the purpose of the Code to permit deadly resistance
to robbery if the conditions of subsection (2) are met.
is the next sentence:
“Finally, deadly force is impermissible if the actor can avoid using it by complying with a demand that he refrain from any action which he has no duty to take. Again, the policy of saving life seems more insistent than the right of the individual to complete freedom of action.”
Not sure what it means.
Hope this is not derailing the thread but all you boys planning to conceal carry in Hawaii better know the conditions in which you can use it.
Lengthy legal battles.
I wanted to conceal carry but can’t pass the test with my snubby, sure as hell not weak handed and can’t carry it in my pocket.
Really just wanted to protect myself and loved ones against knives and dire straights.